DELHI HIGH COURT
YASHWANT VARMA
IDBI Bank Limited on behalf of the Senior Lenders – Appellant
Versus
National Highways Authority of India – Respondent
| Table of Content |
|---|
| 1. reliefs sought by idbi bank on behalf of lenders. (Para 1 , 2) |
| 2. arguments on the rights of senior lenders. (Para 3 , 4 , 5 , 6 , 7 , 8) |
| 3. refutation of lenders' claims by nhai. (Para 9 , 10 , 11 , 12) |
| 4. court's analysis on lenders’ rights in the agreements. (Para 13 , 14 , 15 , 16 , 17) |
| 5. court's views on merits left open. (Para 18 , 19) |
| 6. the conclusion regarding maintainability of the petition. (Para 20 , 21 , 22) |
ORDER
1. This writ petition has been preferred by IDBI Bank on behalf of the senior lenders constituting a consortium of banks which had extended credit facilities to the second respondent. The writ petitioner prays for the following reliefs:
"a) Issue a writ in the nature of Mandamus, or any other appropriate writ, order or direction, thereby, directing the Respondent No. 1 (NHAI)to give its administrative approval for extension of the Concession Period till at least August 26, 2023 (a total period of28 months and 24 days commencing the expiry of the original Concession Period) in accordance with Article 29 of the Concession Agreement dated July 06, 2008 as per the assessment done by the Independent Engineer vide letter dated August 01, 2018;
b) Is
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